Labor & Employment Law

Failure to name a necessary party requires the dismissal of the appeal

Failure to name a necessary party requires the dismissal of the appeal
Matter of Mark Dorman and the Board of Education of the Webster Central School District, Commissioner of Education?s Decision No. 15,672

John Carlevatti served as Assistant Superintendent for Administration and Personnel. On March 15, 2007, Adele Bovard, the School Superintendent, asked the board to approve a reorganization of the district?s central administrative structure. As part of that reorganization, at Bovard?s request, the board unanimously appointed Carlevatti as District?s Deputy Superintendent.

Mark Dorman challenged these actions, alleging that the board allowed an ?environment of discrimination to flourish among district employees,? and suggesting that Carlevatti has contributed to that ?environment.? Dorman contended that Carlevatti should not have been recommended for the position of Deputy Superintendent

Dorman also claimed that when he addressed an executive session of the board on March 15, 2007, he was defamed by the board?s counsel.

As redress, Dorman asked the Commissioner to annul the appointment of Carlevatti to the position of Deputy Superintendent and that the State Education Department investigate actions that he considers ?unethical practices? by the board.

The Commissioner dismissed Dorman?s appeal, noting:

Although Dorman seeks to annul Carlevatti?s appointment, he was not made him a party to this appeal. A party whose rights would be adversely affected by a determination of an appeal in favor of a petitioner is a necessary party and must be joined as such.

As to that portion of the appeal that asked for an Education Department investigation regarding alleged ?unethical practices,? the Commissioner said that an appeal to the Commissioner is appellate in nature and does not provide for investigations.

Full post as published by New York Public Personnel Law on May 09, 2008 (boomark / email).